In some good news for the Obeid family, the NSWCA upheld an appeal by Moses Obeid and his company Streetscape Projects against the City of Sydney, avoiding any need for divine intervention (see here for the report of Mr Obeid suggesting that maps seized from his brother’s office by ICAC investigators may have been drawn […]

I will be presenting a seminar at the Legalwise 2nd Annual Contracts Conference on 28 March 2013 on Contractual Breach – Consequences and Monetary Remedies. The CPD year ends on 31 March, so this is a good way to rack up some last minute points. An impressive lineup of speakers will be delivering presentations […]

When your client is owed money by a trustee company, you may wonder whether there is anything to gain from winding up the trustee company. The company is probably a $2 company. The beneficiaries or the appointor will probably replace the trustee with a new one. What assets will the liquidator of the former trustee […]

Welcome to 2013. This year I will keep posting case notes to cover topical issues in trusts and equity, as well as writing from time to time on contentious or difficult issues in the area. I welcome my readers’ comments and requests on the blog. If there are any topics that you feel would be […]

In Westfield Management Ltd v AMP Capital Property Nominees Ltd [2012] HCA 54, four members of the High Court held that any contractual term that limits the protections provided under Chapter 5C of the Corporations Act is invalid. Section 601NB of the Corporations Act allows members of a registered MIS to call a members’ meeting […]

In Montevento Holdings Pty Ltd v Scaffidi [2012] HCA 48 the High Court affirmed two principles so apparently uncontroversial that you might be left wondering why special leave was granted, but the Court did correct the error made below. In doing so the Court confirmed that: a trust deed should in the first instance be […]

On 10 December 2012, the Victorian Supreme Court’s Commercial Court is hosting a conference. The Hon Keith Mason AC QC, former President of the NSW Court of Appeal will be speaking on the topic “Remedies for breach of fiduciary duties: Lessons from two recent mega-cases: Grimaldi and Bell Resources”. This is one of four topics […]